Mr. Simpson
introduced the following bill; which was referred to the
Committee on Natural
Resources

A BILL

To establish certain wilderness areas in central Idaho
and to authorize various land conveyances involving National Forest System land
and Bureau of Land Management land in central Idaho.

1.

Short title; table of
contents

(a)

Short
title

This Act may be cited
as the Central Idaho Economic
Development and Recreation Act.

(b)

Table of
contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

TITLE I—Wilderness designations

Sec. 101. Additions to the National Wilderness Preservation
System.

Sec. 102. Administration.

Sec. 103. Water rights.

Sec. 104. Military overflights.

Sec. 105. Adjacent management.

Sec. 106. Native American cultural and religious
uses.

Sec. 107. Acquisition of land and interests in
land.

Sec. 108. Wilderness review.

TITLE II—Land conveyances for public purposes

Sec. 201. Blaine County, Idaho.

Sec. 202. Custer County, Idaho.

Sec. 203. City of Clayton, Idaho.

Sec. 204. Terms and conditions of permits or land
conveyances.

TITLE III—Travel management

Sec. 301. Trail management.

2.

Definitions

In this Act:

(1)

Secretary

The
term Secretary means—

(A)

the Secretary of
Agriculture, with respect to land administered by the Forest Service; or

(B)

the Secretary of
the Interior, with respect to land administered by the Bureau of Land
Management.

(2)

Wilderness
area

The term wilderness area means any of the
areas designated as a component of the National Wilderness Preservation System
by section 101(a).

I

Wilderness
designations

101.

Additions to
the National Wilderness Preservation System

(a)

In
general

In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State of Idaho are designated as wilderness
areas and as components of the National Wilderness Preservation System:

(1)

Hemingway-boulders
wilderness

Certain Federal land in the Sawtooth and Challis
National Forests, comprising approximately 110,370 acres, as generally depicted
on the map entitled Hemingway-Boulders Proposed Wilderness and
dated October 20, 2008, which shall be known as the Hemingway-Boulders
Wilderness.

(2)

White clouds
wilderness

Certain Federal land in the Sawtooth and Challis
National Forests, comprising approximately 90,888 acres, as generally depicted
on the map entitled White Clouds Proposed Wilderness and dated
October 20, 2008, which shall be known as the White Clouds
Wilderness.

(3)

Jerry peak
wilderness

Certain Federal land in the Challis National Forest
and Challis District of the Bureau of Land Management, comprising approximately
131,670 acres, as generally depicted on the map entitled Jerry Peak
Wilderness and dated August 30, 2006, which shall be known as the
Jerry Peak Wilderness.

(b)

Maps and legal
descriptions

(1)

In
general

As soon as practicable after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the House of
Representatives a map and legal description for each wilderness area.

(2)

Effect

Each
map and legal description submitted under paragraph (1) shall have the same
force and effect as if included in this Act, except that the Secretary may
correct minor errors in the map or legal description.

(3)

Availability

Each
map and legal description submitted under paragraph (1) shall be available in
the appropriate offices of the Forest Service or the Bureau of Land
Management.

(c)

Inclusion in
national landscape conservation system

Land administered by the
Bureau of Land Management which is designated as wilderness by this section
shall be included in the National Landscape Conservation System.

102.

Administration

(a)

In
general

Subject to valid existing rights, each wilderness area
shall be administered by the Secretary in accordance with the Wilderness Act
(16 U.S.C. 1131 et seq.), except that—

(1)

any reference in
that Act to the effective date shall be considered to be a reference to the
date of enactment of this Act; and

(2)

with respect to
wilderness areas that are administered by the Secretary of the Interior, any
reference in the Wilderness Act to the Secretary of Agriculture shall be
considered to be a reference to the Secretary of the Interior.

(b)

Consistent
interpretation

The Secretary of Agriculture and the Secretary of
the Interior shall seek to ensure that the wilderness areas are interpreted for
the public as an overall complex linked by—

(1)

common location in
the Boulder-White Cloud Mountains; and

(2)

common identity
with the natural and cultural history of the State of Idaho and the Native
American and pioneer heritage of the State.

(c)

Comprehensive
wilderness management plan

Not later than 3 years after the date
of enactment of this Act, the Secretary of Agriculture and the Secretary of the
Interior shall collaboratively develop wilderness management plans for the
wilderness areas.

(d)

Fire, insects,
and disease

Within the wilderness areas, the Secretary may take
such measures as the Secretary determines to be necessary for the control of
fire, insects, and disease in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1131(d)(1)).

(e)

Livestock

(1)

In
general

Within the wilderness areas, the grazing of livestock in
which grazing is established before the date of enactment of this Act shall be
allowed to continue, subject to such reasonable regulations, policies, and
practices as the Secretary determines to be necessary, in accordance
with—

with respect to
wilderness areas administered by the Secretary of Agriculture, the guidelines
described in House Report 96–617 of the 96th Congress; and

(C)

with respect to
wilderness areas administered by the Secretary of the Interior, the guidelines
described in appendix A of House Report 101–405 of the 101st Congress.

(2)

Donation of
grazing permits and leases

(A)

Acceptance by
secretary

(i)

In
general

The Secretary shall accept the donation of any valid
existing leases or permits authorizing grazing on public land or National
Forest System land, all or a portion of which are within the area depicted as
the Boulder White Clouds Grazing Area on the map entitled
Boulder White Clouds Grazing Area Map and dated January 27,
2010.

(ii)

Partial
donation

A person holding a valid grazing permit or lease for a
grazing allotment partially within the area described in clause (i) may elect
to donate only the portion of the grazing permit or lease that is within the
area.

(B)

Termination

With
respect to each permit or lease donated under subparagraph (A), the Secretary
shall—

(i)

terminate the
grazing permit or lease or portion of the permit or lease; and

(ii)

except as
provided in subparagraph (C), ensure a permanent end to grazing on the land
covered by the permit or lease or portion of the permit or lease.

(C)

Common
allotments

(i)

In
general

If the land covered by a permit or lease donated under
subparagraph (A) is also covered by another valid grazing permit or lease that
is not donated, the Secretary shall reduce the authorized level on the land
covered by the permit or lease to reflect the donation of the permit or lease
under subparagraph (A).

(ii)

Authorized
level

To ensure that there is a permanent reduction in the level
of grazing on the land covered by the permit or lease donated under
subparagraph (A), the Secretary shall not allow grazing use to exceed the
authorized level established under clause (i).

(D)

Partial
donation

If a person holding a valid grazing permit or lease
donates less than the full amount of grazing use authorized under the permit or
lease, the Secretary shall—

(i)

reduce the
authorized grazing level to reflect the donation; and

(ii)

modify the permit
or lease to reflect the revised level or area of use.

(f)

Outfitting and
guide activities

In accordance with section 4(d)(5) of the
Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including
authorized outfitting and guide activities) within the wilderness areas are
authorized to the extent necessary for activities which are proper for
realizing the recreational or other wilderness purposes of the wilderness
areas.

(g)

Fish and
wildlife

(1)

In
general

Nothing in this title affects the jurisdiction of the
State of Idaho with respect to the management of fish and wildlife on public
land in the State, including the regulation of hunting, fishing, and trapping
within the wilderness areas.

(2)

Limitations

The
Secretary, in consultation with the appropriate State agency (except in an
emergency), may designate areas in which, and establish periods during which,
no hunting, fishing, or trapping is permitted within the wilderness areas for
reasons of public safety, administration, or compliance with existing
laws.

(h)

Access

In
accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the
Secretary shall provide the owner of State or private property within the
boundary of a wilderness area adequate access to the property.

103.

Water
rights

(a)

Statutory
construction

Nothing in this title—

(1)

shall constitute
either an express or implied reservation by the United States of any water
rights with respect to the wilderness areas designated by section 101;

(2)

affects any water
rights—

(A)

in the State of
Idaho existing on the date of enactment of this Act, including any water rights
held by the United States; or

(B)

decreed in the
Snake River Basin Adjudication, including any stipulation approved by the court
in such adjudication between the United States and the State of Idaho with
respect to such water rights; or

(3)(A)

establishes a precedent
with regard to any future wilderness designations; or

Except
as otherwise provided in this Act, on and after the date of the enactment of
this Act, neither the President nor any other officer, employee, or agent of
the United States shall fund, assist, authorize, or issue a license or permit
for the development of any new water resource facility inside any of the
wilderness areas designated by section 101.

(2)

Definition

In
this subsection, the term water resource facility means irrigation
and pumping facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, and other water diversion, storage, and carriage
structures.

104.

Military
overflights

Nothing in this
title restricts or precludes—

(1)

low-level
overflights of military aircraft over the wilderness areas, including military
overflights that can be seen or heard within the wilderness areas;

(2)

flight testing and
evaluation; or

(3)

the designation or
creation of new units of special use airspace, or the establishment of military
flight training routes, over the wilderness areas.

105.

Adjacent
management

(a)

In
general

Nothing in this title
creates a protective perimeter or buffer zone around a wilderness area.

(b)

Activities
outside wilderness area

The
fact that an activity or use on land outside a wilderness area can be seen or
heard within the wilderness area shall not preclude the activity or use outside
the boundary of the wilderness area.

106.

Native American
cultural and religious uses

Nothing in this title diminishes the treaty
rights of any Indian tribe.

107.

Acquisition of
land and interests in land

(a)

Acquisition

(1)

In
general

The Secretary may acquire any land or interest in land
within the boundaries of the wilderness areas by donation, exchange, or
purchase from a willing seller.

(2)

Land
exchange

Not later than 3 years after the date of enactment of
this Act, the Secretary shall seek to complete an exchange for State land
located within the boundaries of the wilderness areas designated by this
title.

(b)

Incorporation in
wilderness area

Any land or interest in land located inside the
boundary of a wilderness area that is acquired by the United States after the
date of enactment of this Act shall be added to, and administered as part of
the, wilderness area.

Congress
finds that, for purposes of section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782), the public land administered by the
Bureau of Land Management in the following wilderness study areas have been
adequately studied for wilderness designation:

(A)

Jerry Peak
Wilderness Study Area.

(B)

Jerry Peak West
Wilderness Study Area.

(C)

Corral-Horse Basin
Wilderness Study Area.

(D)

Boulder Creek
Wilderness Study Area.

(2)

Release

Any
public land within the areas described in paragraph (1) that is not designated
as wilderness by this title—

(A)

shall not be
subject to section 603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)); and

(B)

shall be managed
in accordance with land management plans adopted under section 202 of that Act
(43 U.S.C. 1712).

II

Land
conveyances for public purposes

201.

Blaine County,
Idaho

(a)

Smiley creek
rural fire protection district

(1)

Fire
station

(A)

In
general

The Secretary of Agriculture (referred to in this
subsection as the Secretary), in consultation with the Smiley
Creek Rural Fire Protection District, shall identify an appropriate site (not
to exceed 2 acres) in the vicinity of the Smiley Creek community, for
construction and use of a fire station for the Smiley Creek Rural Fire
Protection District.

(B)

Use

The
Secretary may provide for the use of the site identified under subparagraph (A)
through a special use permit or conveyance to the Smiley Creek Rural Fire
Protection District, without consideration.

(2)

Well
site

The Secretary may issue a special use permit to the Smiley
Creek Rural Fire Protection District for development of a well to be used for
fire protection and other public purposes on land identified by the Secretary
and the Fire Protection District as appropriate for development of a
well.

(b)

School bus
turnaround

The Secretary of Agriculture shall issue a special use
permit or convey, without consideration, to Blaine County, Idaho, not to exceed
1 acre of land for use as a school bus turnaround, as generally depicted on the
map entitled Blaine County Conveyance—Eagle Creek
Parcel—Proposed and dated October 1, 2006.

202.

Custer County,
Idaho

(a)

Park and
campground

The Secretary of the Interior shall convey to Custer
County, Idaho, without consideration, approximately 114 acres of land depicted
as Parcel A on the map entitled Custer County and City of
Mackay Conveyances and dated April 6, 2010, for use as a public park
and campground, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the Recreation and Public Purposes Act), (43
U.S.C. 869 et seq.).

(b)

Fire
hall

The Secretary of the Interior shall convey to Custer County,
Idaho, without consideration, approximately 10 acres of land depicted as
Parcel B on the map entitled Custer County and City of
Mackay Conveyances and dated April 6, 2010, for use as a fire hall,
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the Recreation and Public Purposes Act), (43 U.S.C. 869 et
seq.).

(c)

Shooting
range

The Secretary of the Interior shall convey to Custer
County, Idaho, without consideration, approximately 201 acres of land depicted
as Parcel A on the map entitled Custer County and City of
Challis Conveyances and dated February 2, 2010, to be used for a public
shooting range, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the Recreation and Public Purposes Act), (43
U.S.C. 869 et seq.).

(d)

Waste transfer
site

The Secretary of the Interior shall convey to Custer County,
Idaho, without consideration, approximately 80 acres of land depicted as
Parcel C on the map entitled Custer County and City of
Mackay Conveyances and dated April 6, 2010, to be used for a waste
transfer site, consistent with uses allowed under the Act of June 14, 1926
(commonly known as the Recreation and Public Purposes Act), (43
U.S.C. 869 et seq.).

(e)

Public
purposes

The Secretary of the Interior shall convey to the City
of Challis, Idaho, without consideration, approximately 460 acres of land
within the area generally depicted as Parcel B on the map
entitled Custer County and City of Challis Conveyances and dated
February 2, 2010, to be used for public purposes consistent with uses allowed
under the Act of June 14, 1926 (commonly known as the Recreation and
Public Purposes Act), (43 U.S.C. 869 et seq.).

203.

City of
Clayton, Idaho

(a)

Cemetery

The
Secretary of the Interior shall convey to the City of Clayton, Idaho, without
consideration, approximately 23 acres of land depicted as Parcel
A on the map entitled City of Clayton Conveyances and
dated April 6, 2010, for use as a public cemetery.

(b)

Park

The
Secretary of the Interior shall convey to the City of Clayton, Idaho, without
consideration, approximately 2 acres of land depicted as Parcel
B on the map entitled City of Clayton Conveyances and
dated April 6, 2010, for use as a public park or other public purpose
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the Recreation and Public Purposes Act), (43 U.S.C. 869 et
seq.).

(c)

Water
tower

The Secretary of the Interior shall convey to the City of
Clayton, Idaho, without consideration, approximately 2 acres of land depicted
as Parcel C on the map entitled City of Clayton
Conveyances and dated April 6, 2010, for location of a water tower,
consistent with uses allowed under the Act of June 14, 1926 (commonly known as
the Recreation and Public Purposes Act), (43 U.S.C. 869 et
seq.).

(d)

Wastewater
treatment facility

The Secretary of the Interior shall convey to
the City of Clayton, Idaho, without consideration, approximately 6 acres of
land depicted as Parcel D on the map entitled City of
Clayton Conveyances and dated April 6, 2010 (including any necessary
access right-of-way across the river), for use as a wastewater treatment
facility, consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act), (43 U.S.C. 869
et seq.).

(e)

Fire
hall

The Secretary of the Interior shall convey to the City of
Clayton, Idaho, without consideration, approximately 2 acres of land depicted
as Parcel E on the map entitled City of Clayton
Conveyances and dated April 6, 2010, for use as a fire hall and related
purposes, consistent with uses allowed under the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act), (43 U.S.C. 869
et seq.).

204.

Terms and
conditions of permits or land conveyances

(a)

Terms and
conditions

The issuance of a special use permit or the conveyance
of land under this title shall be subject to any terms and conditions that the
Secretary determines to be appropriate.

(b)

Reversionary
interest

If any parcel of land conveyed under this title ceases
to be used for the public purpose for which the parcel was conveyed, the parcel
shall, at the discretion of the Secretary, based on a determination that
reversion is in the best interests of the United States, revert to the United
States.

III

Trail
management

301.

Trail
management

(a)

Germania creek
trail

(1)

In
general

The Secretary shall maintain a trail for single track,
2-wheeled motorized and mechanized travel between the Hemingway-Boulders
Wilderness designated by section 101(a)(1) and the White Clouds Wilderness
designated by section 101(a)(2).

(2)

Management

The
Secretary shall manage the trail in accordance with applicable laws—

(A)

to provide for
recreational travel;

(B)

to minimize any
adverse impacts to natural and cultural resources; and

(C)

subject to such
terms and conditions as the Secretary may require.

(3)

Monitoring

The
Secretary shall monitor the trail to assess whether the trail is appropriately
maintained—

(A)

to provide for
recreational travel; and

(B)

to minimize any
adverse impacts to natural and cultural resources.

(4)

Closure

The
Secretary may temporarily close the trail to any or all uses—

(A)

to minimize any
adverse impacts to natural and cultural resources;

(B)

to protect public
safety;

(C)

for maintenance or
other administrative uses; or

(D)

to provide
opportunities for nonmotorized uses.

(b)

Forest service
trails 109 and 671

(1)

Closure

Subject
to paragraph (2), the following Forest Service trails in the Sawtooth National
Recreation Area shall be closed to motorized and mechanized travel:

(A)

The portion of
Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake
and the south side of Washington Lake.

(B)

Forest Service
Trail 671 down Warm Springs Creek from Forest Service Trail 646 to the
wilderness boundary.

(2)

Exceptions

On
the trails identified in paragraph (1), the Secretary may permit—

(A)

use by over-snow
vehicles when the snow cover is adequate—

(i)

to
provide safe recreational travel; and

(ii)

to
minimize any adverse impacts to natural and cultural resources; and

(B)

such
administrative uses as the Secretary determines to be necessary.

(c)

Frog lake loop
trail

(1)

In
general

Neither the designation of the White Clouds Wilderness by
section 101(a)(2) nor the exclusion of portions of Forest Service trails 047
and 682 (commonly known as the Frog Lake Loop Trail) from the
wilderness shall affect the management of those trails for motorized or
mechanized travel in accordance with existing laws.

(2)

Limitation on
use

If the Secretary allows for motorized or mechanized travel on
portions of Forest Service trails 047 and 682, the trails shall be limited to
single track, 2-wheeled motorized and mechanized use.

(d)

Accessible
trail

The Secretary shall
make such improvements as may be necessary to maintain the first mile of the
Murdock Creek Trail as a primitive, nonpaved, and wheelchair-accessible
trail.